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Articles 1 - 4 of 4

Full-Text Articles in Jurisprudence

Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso Sep 2012

Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Judicial Line-Drawing And The Broader Culture: The Case Of Politics And Entertainment, R. George Wright Jun 2012

Judicial Line-Drawing And The Broader Culture: The Case Of Politics And Entertainment, R. George Wright

San Diego Law Review

This article puts in a broader legal and cultural context and critically evaluates Justice Scalia's reluctance to distinguish politics from entertainment or, more precisely, political speech from entertainment speech. Some may think of Justice Scalia's reluctance as the embodiment of judicial modesty or realistic practical wisdom. Others may think of it as an unnecessary expression of relativism or subjectivism that is ominous in its implications. Either way, whether we can appropriately distinguish between entertainment speech and political speech, and then apply appropriately different free speech standards in each case, says much about our status and priorities as a culture. Placing …


Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy Mar 2012

Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy

Pepperdine Law Review

No abstract provided.


The Thirteenth Amendment And Pro-Equality Speech, William M. Carter Jr. Jan 2012

The Thirteenth Amendment And Pro-Equality Speech, William M. Carter Jr.

Articles

The Thirteenth Amendment’s Framers envisioned the Amendment as providing federal authority to eliminate the “badges and incidents of slavery.” The freemen and their descendants are the most likely to be burdened with the effects of stigma, stereotypes, and structural discrimination arising from the slave system. Because African Americans are therefore the most obvious beneficiaries of the Amendment’s promise to eliminate the legacy of slavery, it is often mistakenly assumed that federal power to eradicate the badges and incidents of slavery only permits remedies aimed at redressing the subordination of African Americans. While African Americans were the primary victims of slavery …